2 OCEAN AVENUE - CONSERVATION COMMISSION 0 ceox\ AV-(-
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j CITY OF SALEM
t CONSERVATION COMMISSION
November 14, 2007
Mr. David Knowlton
City of Salem
120 Washington Street
Salem, Massachusetts 01970
Re: Determination of Applicability
Ocean Ave Repairs to Granite Steps, Salem,Massachusetts
Dear Mr. Knowlton:
Enclosed,please find the Determination of Applicability for the above referenced project.
Following the 10-day appeal period (as of November 25, 2007), you may proceed with
your project. This Determination is good for three years from the date of issuance,
November 14, 2007, except in Areas Subject Protection as stated in the Wetlands
Protection Act under MGL c. 131, Section 40.
If you have any further questions, please feel free to contact me 978-619-5685.
Sincerely,
Carey Duques
Conservation Agent/ Staff Planner
Enclosures
CC: DEP Northeast Regional Office
• Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the Salem
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the City of Salem- Engineering Department City of Salem
return key. Name Name
120 Washington Street 93 Washington Street
Mailing Address Mailing Address
Salem MA 0Salem MA 01970
City/Town State Zipp Cod Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Title Date
Title Date
Title Date
2. Date Request Filed:
October 29, 2007
B. Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Granite steps lead from a public right of way, Ocean Ave, down to a coastal beach. The steps are
located above mean low tide. Several steps are located under water during high tides. This project is
located in two resource areas coastal beach and the steps connect to a seawall, which acts as a seawall.
Site Photos will be shown at the meeting. Two pieces of granite, that comprise the steps, have dislodged,
making use of the steps for access to the beach dangerous for the public. The granite pieces need to be
reset with a backhoe located on the sidewalk above. A small amount of concrete will be placed beneath
the granite pieces for support. All work is expected to take place from the stairs or the sidewalk above, no
work will occur on the beach.
Project Location:
The end of Ocean Ave which abutts the Salem Salem
Harbor City/Town
33 0748
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•rev.311105 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act.
Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are
confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3.The work described on referenced plan(s)and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.tloc•rev.3/1/05 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2.The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
See attached conditions
❑ 4.The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc•rev.311105 Page 3 of 5
L7 Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on by certified mail, return receipt requested on
Date Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate D ional Office (see htto://www.mass.gov/deL)/about/region.findvour htm) and the
property owner ' differe from the applicant).
Signat
C-
nA
Dater
wpaformZ.doc•Determnabon of Applicability•rev.10/6104 Page 4 of 5
LIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see http://www.mass.oov/dep/about/region.findyour.htm)to issue a
Superseding Determination of Applicability. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for
Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days
from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the
appellant. The request shall state clearly and concisely the objections to the Determination which is being
appealed.To the extent that the Determination is based on a municipal ordinance or bylaw and not on the
Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
wpaform ooc•Determnabon of Applicability•rev.1016104 Page 5 of 6
COYN7,
n CITY OF SALEM
a'e CONSERVATION COMMISSION
Determination of Applicability
Special Conditions
City of Salem, Ocean Ave Granite Steps
1. All work shall be completed during a low tide and when it is not raining.
2. No work equipment shall be used on the beach.
3. All wood framing (such as that used for framing the concrete form) and other equipment
shall be removed from the site upon completion of the project.
5
SENDER:
■Complete Items 1 and/or 2 for additional services. I also wish to receive the
a •Complate nems s,4a,and 4b. following services(for an
•Prim your name and address on the re"mo of this form so that we can return this extra fee): g
card to you.
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3.Article _ _cleAddressedto: 7007 1490 0002 3078 2316 r I
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120 Washington Street,3rd FI
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„4e`yCOry➢tIgRG\\
CITY OF SALEM
CONSERVATION COMMISSION
City of Salem
Conservation Commission
Will hold a public hearing for a Request for Determination of Applicability under the Wetlands
Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance
Pertaining to General Wetlands at the request of the City of Salem 120 Washington Street, Salem,
MA 01970. The purpose of this hearing is to discuss the repair of existing granite steps leading to
the beach located within a coastal beach, coastal bank, and land subject to tidal action, which is
located off of Ocean Ave.This hearing will be held on Thursday,November 8,2007 at 6:00 p.m.in
Room 313, City Hall Annex, 120 Washington Street.
Kevin P. Cornacchio
Chairman
Please advertise on
November 8, 2007
Please send bill to:
City of Salem
Engineering Department
David Knowlton
120 Washington Street
Salem, MA 01970
978-619-5670
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
r
WPA Form 1 - Request for Determination of Applicability Citylrown
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out 1. Applicant:
forms on the City of Salem Engineering Department: David Knowlton dknowlton@salem.com
computer, use Name E-Mail Address
only the tab key
to move your 120 Washington Street
cursor-do not Mailing Address
use the return Salem MA 01970
key. City/Town State Zip Code
978-619-5670
m Phonehone Number Fax Number(if applicable)
2. Representative (if any):
Firm
Contact Name E-Mail Address
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
B. Determinations
1. I request the Salem make the following determination(s). Check any that apply:
Conservation Commission
❑ a. whether the area depicted on plan(s)and/or map(s) referenced below is an area subject to
jurisdiction of the Wetlands Protection Act.
❑ b. whether the boundaries of resource area(s) depicted on plan(s)and/or map(s) referenced
below are accurately delineated.
® c.whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act.
❑ d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction
of any municipal wetlands ordinance or bylaw of:
Salem
Name of Municipality
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpaformt.doc•rev.07116104. Page 1 d4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
WPA Form 1- Request for Determination of Applicability CitylTown
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description
1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
Ocean Ave Salem
Street Address CitylTown
33 748
Assessors Map/Plat Number Parcel/Lot Number
J. Area Description (use additional paper, if necessary):
Granite steps lead from a public right of way, Ocean Ave, down to a coastal beach. The steps are
located above mean low tide. Several steps are located under water during high tides. This project
is located in two resource areas coastal beach and the steps connect to a seawall, which acts as a
seawall. Site Photos will be shown at the meeting
c. Plan and/or Map Reference(s):
Title
Date
Title
Date
Title Date
2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary):
Two pieces of granite, that comprise the steps, have dislodged, making use of the steps for access to
the beach dangerous for the public. The granite pieces need to be reset with a backhoe located on the
sidewalk above. A small amount of concrete will be placed beneath the granite pieces for support. All
work is expected to take place from the stairs or the sidewalk above no work will occur on the beach
wpaforml.doc•rev.07114/04. Page 2 of 4
LAMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
WPA Form 1 - Request for Determination of Applicability City/Town
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description (cont.)
b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work (use additional paper, if
necessary).
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the
Riverfront Area, indicate the one classification below that best describes the project.
❑ Single family house on a lot recorded on or before 8/1/96
❑ Single family house on a lot recorded after 8/1/96
❑ Expansion of an existing structure on a lot recorded after 8/1/96
❑ Project, other than a single family house or public project, where the applicant owned the lot
before 8/7/96
❑ New agriculture or aquaculture project
❑ Public project where funds were appropriated prior to 8/7/96
❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
❑ Residential subdivision; institutional, industrial, or commercial project
❑ Municipal project
❑ District, county, state, or federal government project
❑ Project required to evaluate off-site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an
application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality
Certification from the Department of Environmental Protection.
b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification
above (use additional paper and/or attach appropriate documents, if necessary.)
wpaforral.tloe•rev.01/14104. Page 3 of 4
I
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
City/Town
LI
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
and accompanying plans, documents, and supporting data are true and complete to the best of my
knowledge.
I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office (see Attachment)were sent a complete copy of this Request(including all appropriate
documentation) simultaneously with the submittal of this Request to the Conservation Commission.
Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for
Determination of Applicability.
Name and address of the property owner:
City of Salem and Fred Atkins
Name
93 Washington Street and Dions Yacht Yard 23 Glendale Ave.
Mailing Address
Salem
Citylrown
MA 01970
state Zip Code
Signatures:
I also understand that notification of this Request will be placed in a local newspaper at my expense
in pecprdance with S ction 10.05(3)(b)(1)of the Wetlands Protection Act regulations.
I ,fiv� 11�5�u�
gnature of Applic nt Date
Signature of Representative(if any) Date
wpaforml dm•rev.01114/04. Page 4 of 4
D2 Thursday,Nobember 1,2007 THE SALEM NEWS comics
DILBERT��$y��Scott Adams OFF THE MARK By Mark Parisi THE FAMILY CIRCUS By Bil Keane
"1V<LIJAYS WRONG $
ABOUT EVERYTHING. ® I RECOMMEND 26
, SHOPPING YOU OE- YEAR, III You Pon /bUR
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ENTERTAINMENT THE SALEM NEWS Thursday,November 1,2007 117
ATVrs Vincent Margery y Sick Jane Seymour.skips res ow
Controversy over tour- � f
LOS ANGELES(AP)-Jane Seymour was absent
fromfuilty of two sex counts Stars" resultsshow
good excuse.With the
Stars"-but she had a good excuse. �•"€
The 56-year-old actress missed Tuesday's live
GOLDEN,Colo.(AP)-The , broadcast because she was sickened by food poison-
an known as"Don Vito"on
"" t eras court-g ing,ABC publicist'Aime Wolfe said.Wolfe didn't
show"Viva La Ram"was (; „i room out- elaborate K SeymouBC-TV.r's illness,which was first re-
TV'slnvicted yesterday of two burst,deputies ported by KABC-TV.
runts of sexual assault on a restrained him ( Seymour's publicist,Susan sdidn't return
1ild. and took him a telephone message from Thea Associated
ated Press Jane Seymour
Vincent Martjera,51,who was to jail,where 4 asking for comment.
ccused of groping three girls he was being Seymour,who missed another"Dancing"show earlier this month af-
es 12 to 14 during an auto- held without
5 ter the death of her mother,remains in the competition.
rraph signing event last year Vincent Margera bail until his
t a mall skate park in the Den- sentencingL¢g al Notice
er suburb of Lakewood fell to hearing,set for Dec.20. "
w � �
he floor cursing and yelled, Defense attorney Pamela
Just kill me now." Mackey had argued that when «t... m �' MORTGAGEE'S SALE OF REAL ESTATE
He was acquitted of a third Margera appeared at the skateBy virtue and in execution of the Power of Sale contained in a certain mortgage _
ount of sex assault on a child. park,he took on the persona of ;^;`;.. given by John A.McLean and Nilson A.Lopes to New Century Mortgage Cor-
le faces a sentence of probation the outrageous and profane Don ')_"?'' y`, porelion, dated October 7, 2005, and recorded in the Essex County(Southern
o six years in prison on each Vito.Mackey had said that r, District) Registry,of Deeds in Book 24941, Page 383, which mortgage was
conviction.If he doesn't comply Margera,a car painter,learned assigned to Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan
vith sex offender treatment as that the crazier he acted,the Trust,Series 2006-NC1 Asset Backed Pass-Through Certificates by assignment
)art of the sentence,he could po- more his fans loved it. ' -� dated Jury 29,2007,and recorded in the Essex County(Souther District)Reg-
" `""' islry of Deeds in Book 27063,Page 3r,of wn2ri�..T-meas��-�d
entially spend life in prison,itis- "Viva La Bath"starred Marg- assignee and the present holder,for breach of the conditions of said mortgage
riot attorney's spokeswoman era's nephew,professional and for the purpose of foreclosing,the same will be sold at public auction at 12:00
'am Russell said. skateboarder Barn Margera. "° .- - P.M.on Wednesday the 14th day of November,2007,on the mortgaged prem-
Associated Press ises located at 25 Collins Street,Peabody,
Massachusetts,all and singular the '
Croatian rock star Marko Perkovic,who goes by the stage name real estate described in said mortgage as follows
Fashion designer sees client Lopez is pregnant ,....the following described property to the County r Essex:
9 y p p g Thomp9on,greets his fans during a concert in the Croatian city of See Legal Description Attached Hereto and Made a Part Hereof
NEW YORK(AP)-Roberto Split on July 7.Perkovic,set to launch a North America tour with two EXHIBIT A
Caval W Y confirmed,perhaps concerts in New York City,is drawing protests from groups who say PROPERTY ADDRESS:25 COLLINS STREET,PEABOIDY,MA 01960
inadvertently,that Jennifer,per his shows glorify the puppet government in Croatia that collaborated Legal Description
ant.is
Lopez re x with the Nazis. The land with the buildings thereon in Peabody,Essex County,Masachu etts,
D P .,, being known as and numbered 25 Collins Street, being shown as Lot One on a
Asked what types of clothing Plan of House Lots in Salem, recorded with Essex South District Registry of
he designs for celebrities,the Yfr.saieRlneWS.00Il1 Deeds in Book 834,Leaf 300.Said premises are more particularly bounded and
fashion designer told People Legal Notice
gn .y $ described as follows:
magazine:"Well Jennifer Lopez, Westerly by Dark Lane,fifty(50)feet; '
at this moment,she requests Jennifer Lopez Legal Notic¢ COMMONWEALTH OF Northerly by Collins Street,one hundred(100)feet;
Something very Special because g MASSACHUSETTS Easterly by Lot 9 on said plan,forty-one and one-half(41 1/2)feet;and
she is waiting for the al baby." Legal NOL7C¢ Juvenile Court Department Southerly by Lot 2 on said plan,one hundred 000)feet.
Y g TOWN OF HAMILTON Salem Division
For title see Deed of even date recorded herewith.
"It is so complicated because PUBLIC WORKS DEPT. 45 Conger street
every week she is getting bigger," By virtue of the right granted by the The Town of Hamilton, Public Salem,MA 01970 Parcel COLLINS Number:Map:0076 Block:chus which currently has the address of r.
Cavalli said in a story posted statute (Massachusetts Uniform Com- Works Department, is accepting bids CARE AND PROTECTION 25 ETHSTREET,Peabody,improvements
now r here("Property d on the
p '
Tuesday on the magazine's Web mercial Codes) and all rights, for the for a Holder Tractor,Model#C4.74H TERMINATION OF TOGETHER WITH all the improvements now re hereafter erected on the prop-
site. purpose of satisfying the lien of Puleo's with attachments. Specifications can PARENTAL RIGHTS arty,and all easements,appurtenances,and fixtures now or hereafter a part of the
Caval%known for his atten- Sell-Storage for storage and other be picked up at the Hamilton DPW, SUMMONS BY PUBLICATION property.All replacements and additions shall also be covered by this Security f
tion-getting designs,created free- expenses,will be sold at Puleo's Sold- 577 Bay Road, Hamilton, MA, Mon- Instrument as the"Property..:' r
day-Thursday 8:00 o.m:4:30 p.m. DOCKET NUMBER:CP 0750040 Said premises will be sold subject to and/or with the benefit of any and all
flowing outfits for Lopez who has Storage,382 Highland Ave.,Salem, and Friday 8:00 a.m.-noon.Bids are To:
been on tour with her,husband, MA,November 10,2007,at 12 noon, Shawn Donald Smith and any or Cher ps,easements,improvements,covenants,outstanding tax title,municipal
all and singular mechanics'tools and due no later than 10:00 a.m.on Thure or other public taxes,assessments,liens or claims in the nature of liens,and exist-
Marc Anthony. day, November 8th, and at that ti a unknown/unnamed father
Y will be opened.The Town of Hamilton A petition has been presented to this ing encumbrances of record created prior to the msec and tenary there having
p r
_ supplies and miscellaneous Rents:
Unit-10, Paul Nelson, 36 Mansfield Said premises will also be sold subject to all lease and tenancies he pr ices
. rior-
reserves the right to reject any or all Burt by Dept oflSocial Srvis,see �,over said mortgage,to tenancies or occupations by persons on the premises i
Street,Somerville,MA 02143 proposals.978-468-5580 ing,as to the subject child(ren),Zachary
Legal NOhce SN-1025'11/1/07 now or at the time of the said auction which tenancies or occupations are subject
g SN-10/25,11/1/07 Nathaniel Smith;that said children)be to rights or claims in personal property installed by tenants or
J to said mortgage, g
Lound in need of rare and protection former tenants now located on the premises,and also to all laws and ordinances
CITY OF SALEM and committed to the Department of including,but not limited to,all building and zoning laws and ordinances.
CONSERVATION COMMISSION Legal Notice Legal Notice Social Services. The court may dis- THETERMS OF SALE:FIVE THOUSAND and 00/100($5,000.00)DOLLARS
Will hold a public hearing to pense the rights of the person named will be required to be paid,by bank or certified check only by the purchaser at the
Amend an Order of Conditions under herein to receive notice of or to consent r
CITY OF SALEM "North Shore Self Storage will sell � time and place of sale,and the balance of the purchase price shall be paid by
the Wetlands Protection Act, Massa- to arty legal proceeding affecting the
chusetts General Laws, Chapter 131, CONSERVATION COMMISSION at Public Auction at 38 Swampscott adoption, custody, or guardianship or bank or certified check in or within thirty five (35)days thereafter with Attorneys -�
Section 40 and Salem's Ordinance Per- Will hold a public hearing for Road,Salem,MA.,all and singular the Stanton & Davis, f the Plain Street, Marshfield, Losign
AMeMassachusetts.The successful
any other disposition of the child(ren)
fairing to General Wetlands at the Request for Determination of Appli household furniture, antiques, equip- named herein, if it finds that the bidder at the sale of the premises shall be required to sign a Memorandum o Sale
request of Massachusetts Electric ability under the Wetlands Protection ment, miscellaneous items and all per- child(ren)is/are in need of care and pro- of Real Property By Auctioneer containing the above terms at the Auction sale.
Company d/b/a National Grid, 25 Act, Massachusetts General Laws, conal property stored in its facility,by: taction and that the best interests of the Other terms,lf any,to be announced at the time and place of the ale.
Research Drive, Westborough, MA Chapter 131, Section 40 and Salem's A2173 Elizabeth Dunn child ren)would be served by said itis- SIGNED:Wells Fargo Bank,N.A.,as Trustee for Carrington Mortgage Loan
01582.The purpose of this hearing is Ordinance Pertaining to General Wet- C6077 Markus Diersbock position. Trust,Series 2006-NCI Asset Backed Pander of Said
Certificates,
g P Present Holder of Said Mortgage,
to discuss the proposed amendments lands at the request of the City of D7013 Ryan Lima You are hereby ORDERED to - By:STANTON&DAVIS,As its Attorneys,
to a previous approved Order of Con- Salem 120 Washington Street, Salem, D8108 Markus Diembodk appear in this court, at the court i
y DP FROM THE OFFICES OF:Jon S.Davis,Esquire, ,
dlflons (DEP#64-396),which includes MA 01970.The purpose of the hearing Da150 Felix Emerhi address set forth above,on 12/5/07,at
the removal of less than 100 cubic is to discuss the repair of existing D8166 Frank McDowell 9;00 a.m.,for a PRE-TRIAL CONFER- STANTON&DAVIS,1000 Plain Street,Marshfield, 83-9181 ;
granite steps leading to the beach At 12:30 P.M.November 16,2007,at (1/l/ 7)(943 81
yards of shallow sediment from tidal 9 ENCS
flats from northern section of the located within a coastal'beach, the premises of Norm Shore Self Star- You may bring an attorney with you.If (3709-456.607F/McLean)(10/18/07,1025/07,11/1/07)(943
site located in Collins Cove adjacent coastal bank, and land subject to age,38 Swampscott Road,Salem,MA. you have a right to an attorney and 9 the SN-10/18,1025,11/1/07
to the Coastal Beach at 20 Pierce tidal action, which is located off of Storage Auction Solutions,as Agent court determines that you are indigent,
Avenue Thursday,November 8,2007 Ocean Ave.This hearing will be held for North Shore Self Storage" the court will appoint an attorney to rep-
at 6:00 p.m.in City Hall Annex, Room on Thursday, November 8,2007 at North Shore Self Storage reserves resent you. Legal Notice
6:00 p.m. in Room 313, City Hall the right:(1)to bid at public auction;(2)
313,120 Washington Street If you fail to appear, the court may
' Kevin P.Comacohio Annex,120 Washington Street. to refuse any/all bids;(3)to cancel the proceed with a trial on the merits of the NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE
Chairman Kevin P.Cornaochio, auction at any time for any reason. adjudication of this mat-
petition and an adI By virtue and in execution of the Power of Sale contained in a certain mortgage
Chairman SN-11/1/07
SN-11/1/07 ter. given by Marie Wagner to Mortgage Electronic Registration Systems, Inc., as
SN-11/1/07 For further information call the Office nominee for SouthStar Funding,LLC dated February 10, 2006 recorded with
of the Clerk-Magistrate at 978-745- Essex County(Southern District)Registry of Deeds at Book 25375,Page 433,of
Legal Notice 9660. which mortgage the undersigned is the present holder for breach of the conditions
WITNESS: Sally F. Padden FIRST of aid mortgage and for the purpose of foreclosing,the same will be sold at PUB-
JUSTICE LIC AUCTION at 10:00 a.m.on November 15,2007,on the mortgaged premises,
COMMONWEALTH OF MASSACHUSETTS Judith M.Brennan. all and singular,the premise as described in said mortgage:
ENERGY FACILITIES SITING BOARD Clerk-Magistrate The land with the buildings thereon,situated in Peabody,Essex County,Masa-
NOTICE OF PUBLIC HEARINGS ON PROPOSED NATURAL GAS PIPELINE CONSTRUCTION DATE ISSUED:08/16/07 chusetts on Murray Street,bounded and described a follows:Northwesterly:by a
Algonquin GasTransmiaion,LLC SN-11/1,11/8,11/15/07 curved line of Murray Street,220.51 feet;Northeasterly:by Lot 219 as shown on
Federal Energy Regulatory Commission Docket No.:PFo7.15-0W plan hereinafter referred to,89.18 feet;Southeasterly:by a portion of an unnum-
Notice is hereby given that the Federal Energy Regulatory Commission(FERC)has entered into a Pre-Fling Process review of bered lot 100.00 fat;and Southerly by Lot 217, as shown on said plan, 133.50
Algonquin Gas Transmission,LLGs(Algonquin)proposed East to West HubLine Expansion Project(E2W Project or Project).The feet.Containing 15,554 square feet of land, according to said plan, and being
purpose of the FERC's Pre-Fling Process,which was established in FERC Docket No.RM05-31-000 and Order No.665,is to Legal Notice shown as Lot 218 on plan entitled"Jordan Acres at Peabody,Section it owned by
encourage the early involvement of interested stakeholders and to identify and resolve issues before an application is fled with the Campanelli Homes, Inc.Bradford Saivetz, C.E.Aug 1, 1956, recorded with the
FERC.The FERC will bathe lead federal agency for the prepamtion of the Emironmental Impact Statement and will preparethe CARE AND PROTECTION Essex South District Registry of Deeds,Plan Book 89,Plan 17.For Borrowers title
document to satisfy the requirements of the National Environmental Policy Act.The document will be used by the FERC to con- TERMINATION OF PARENTAL see Deed recorded at Book 24380,Page 249.
sider the environmental impacts that could result if it authorizes Algonquin's Project by issuing a Certificate of Public Convenience RIGHTS SUMMONS Subject to and with the benefit of easements,reservation,restrictions,and tak-
and Necessity under section 7 of the Natural Gas Act.The Massachusetts Energy Facilities Sting Board(MEFSB)has agreed to BY PUBLICATION ing of record,ff any,insofar as the same are now in force and applicable.
begin its environmental review of the proposed Project and provide input to the FERC in conjunction with the Pre-Filing Process. COMMONWEALTH OF in the event of any typographical error set forth herein in the legal description of
Algonquin propose to modify,portions of its existing pipeline system in Massachusetts,Rhode Island,Connecticut,New York MASSACHUSETTS the premises,the description as set forth and contained in the mortgage shall con-
and New Jersey.The E2W Project consists of the construction and operation of 46.1 miles of various diameter pipeline and asso- Juvenile Court Department trol by reference.
ciated ancillary pipeline facilities. Stoughton Session This property has the address of 38 Murray Street, Peabody,MA
01 this total,31.5 mile would be in Massachusetts,consisting of 13.0 miles of new pipeline and 18.5 miles of existing pipeline 1288 Central Street 01960.2327.
replacement.The new pipeline in Massachusetts,identified as the 1-10 Extension,would be installed primarily along or adjacent Stoughton,MA 02072 Together with all the improvements now or hereafter erected on the property
to the existing NSTAR Gas&Electric Corporation(NSTAR)powedine right-d-way in the communities of Weymouth,Braintree, TO: RONNIE SANTOS AND ANY and all the easements,rights,appurtenances,rents,royalties,mineral,oil and gas
Holbrook,Randolph,Avon,Stoughton and Canton.The replacement pipeline in Massachusetts would be installed along Ago, UNKNOWN OR UNNAMED FATHER rights and profits,water rights and stock and all fixtures now or hereafter a part of '.
nquin's existing 0-1 System dghtof-way.in the towns of Stoughton,Canton,Sharon,Walpole,Norfolk,Millis,Franklin,Bellingham OF BRIAN SANTOS the property.All replacements and additions shall also be covered by this sale.
and Medway.New Aghtof-way corridors would not be crated based on the alignment as currently proposed with the exception A petition has been presented to this -TERMS OF SALE: Said premises will be sold subject to any and all unpaid
of several minor alignment'deviations in the communities of Weymouth,Braintree,HElbrook,Stoughton,Canton,Sharon,Walpole, court by THE DEPARTMENT OF taxes and assessments,tax sales,tax tiles and other municipal liens and water or
Millis and Franklin to facilitate construction. SOCIAL SERVICES, seeking, as to sewer liens and State or County transfer fees,9 any there are,and TEN THOU-
In addition,Algonquin proposes to construct two new compressor stations in the towns of Boxford and Rehoboth;install over- the subject child(ren), BRIAN SAN- SAND DOLLARS($10,000.00)in cashiers or oertfied check will be required to be
pressure protection regulation at four sites in the communities of Weymouth,Canton,Sharon and Medway;and install minor mod- TOS,that said child(ren) be found in paid by the purchaser at the time and place of the sale as a deposit and the bad- '
ifications at nine existing meter stations in the communities of Milford,North Attleboro,Plymouth,Weston,Wellesley,Fall River,Mid- need of care and protection and oom- ance in cashiers or certified check will be due in thirty(30)days,at the offices of
dleborough and Bourne. - miffed to the Department of Social Doonan,Graves&Longoria, L.L.C., 100 Cummings Center,Suite 213C Beverly,
AnanemaWe site to the Boxford Compressor Station,referred to as the Danvers Compressor Station Site Alternative,is also Services.The court may dispense Massachusetts,time being of the essence.
under consideration.The Danvers Compressor Station would be in the town of Danvers. ' the rights of the person named herein The Mortgagee reserves the right to'postpone the sale to a later date by public
Algonquin anticipates that construction of the E2W Project would begin in April 2009,with a projected in-service date of Novem- to receive notice of or to consent to proclamation at the time and date appointed for the sale and to further postpone
bar 2009. any legal proceeding affecting the at any adjourned sale-date by public proclamation at the time and date appointed
Additional information about the Project is availaNe from the FERC's Office of External Affairs at 1-866-208 FERC or on the adoption,custody,or guardianship for the adjourned sale date.
FERC Internet website(htp:/Aiww.fem.gov)using the"eUbmry'tlnk.Click on the eLibrary link click on"General Search"and enter or any other disposition of the The premises is to be sold subject to and with the benefit of all easements,
the docket number excluding the last three digits in the Docket Number field(i.e.,PF07-15).Be sure you have selected an appro- child(ren)named herein,if R finds that restrictions,leases,tenancies,and rights of possession,building and zoning laws,
plate date range.For assistance,please contact FERC Online Support at FercOnlineSupport@fere.gov or toll free at 1-866-208- the child(ren)is/are in need of care and encumbrances,condominium liens,if any and all other claim in the nature of liens, .
3676,or for TTY,contact(202)502-8659. protection and that the best interests of If any there be.
To request additional information on the proposed Project or to provide comments directly to the Pmject sponsor,you can con- the child(ren)would be served by said In the event that the successful bidder at the foreclosure sate shall default in
fact Algonquin by calling toll tee at 1-800-788-4143.In addition,Agonquin has established an Internet website at Mlpl/wwweast- disposition. purchasing the within described property according to the terms of this Notice of
loweslexpansion.00m. - You are hereby ORDERED to Sale and/or the terms of the Memorandum of Sale executed at the time of foredo-
Two public hearings that are designed to provide an opportunity to offer comments on the proposed Project have been ached- appear in this court, at the court sure,the Mortgagee reserves the right to sell the property by foreclosure deed to
uled in the Project area in Massachusetts.The MEFSB will participate in these hearings pursuant to its responsibilities outlined in address set forth above, on 01/10/08, the second highest bidder,providing that the second highest bidder shall deposit
980 Code of Massachusetts Regulations section 7.07(9)(a).The hearings will be held jointly with the public scoping meetings con- at 9:00 a.m.,for a PRE-TRIAL CON- with the Mortgagee's attorneys, DOONAN,GRAVES,&LONGORIA L.L.C., 100
ducted by the FERC.The hearings will be held at the following times and locations: FERENCE. Cummings Center,Suite 213C,Beverly,Massachusetts,01915,the amount of the '
November 5,2007,7:00 p.m. You may bring an attorney with you. required deposit as set forth herein within three(3) business days after written
Holiday Inn Boston-Randolph - If you have aright to an attorney and 6 notice of the default of the previous highest bidder and title shall be'conveyed to
1374 Nath Main Street the court determines that you are indi. the said second highest bidder within twenty(20)days of said written notice.
Randolph,MA 02368 gent,the court will appoint an attor- If the second highest bidder declines to purchase the within described property,
2007 700 p m ney to represent you. the Mortgage reserves the right to purchase the within described property at the
November 7
Knights of Columbus Hall If you fail to appear, the court may amount bid by the second highest bidder.
Kni
9 proceed with a.Vial on the merits of The foreclose deed and the consideration paid by the successful bidder shall
505 Sutton Street the petition and an adjudication of be held in escrow by DOONAN, GRAVES, & LONGORIA L.L.C., (hereinafter
North Andover,MA 01845 this matter. called the"Escrow Agent")until the deed shall be released from escrow to the
Interested persons are invited to attend the hearings.Written'comments will be accepted at the public hearings or may be mailed For further information, call the successful bidder at the same time as the consideration is released to the Mort-
to the MEFSB at the address below and must be received no later than November 21,2007. Office of the Clerk-Magistrate at 781- gagee,thirty(30) days after the date of sale,whereupon all obligations of the -
Selma Urman,Presiding Officer 329-1500. Escrow Agent shall be deemed to have been properly fulfilled and the Escrow
Massachusetts Energy Facilities Siting Board WITNESS:Mary M.McCallum Agent shall be discharged.
One South Station FIRST JUSTICE Other terms to be announced at the sale.
Boston,MA 02110 - Paula Houghton Dated:October 12,2007,HSBC Mortgage Services,By:John A.Doonan.Esq.,
.Based on environmental review,including public input,the MEFSBwill provide its comments and transmit the public comments Asst Clerk-Magistrate DOONAN, GRAVES, &LONGORIA L.L.C., 100 Cummings Center, Suite 213C,„
to the FERC. DATE ISSUED:10/04/07 Beverly,MA 01915, 978 921-2670,www.dgandl.com
SN-10/18,1025,11/1/07 SN-11/1,11/15/07 (1207.63=agner)(10/18/07,10/25/07,11/01/07)(94546) . 6n.. �
SN-10/18,10/25, 11/012007